The Committee on the Judiciary moves to amend the bill on page
two, following the enacting section, by striking out the remainder
of the bill and inserting in lieu thereof the following language:

“ARTICLE 46. OVERDOSE PREVENTION ACT.

§16-46-1. Legislative findings.

The Legislature finds that good samaritan policies encourage
citizens to seek potentially life-saving medical assistance for
themselves or others without worry of disciplinary or punitive
action in cases of overdose by alcohol.

§16-46-2. Definitions.

As used in this article:

(1) "Overdose" means an acute condition including, but not
limited to, physical illness, coma, mania, hysteria or death, which
is caused in whole or part by the consumption or use of alcohol.

(2) "Medical Assistance" means the professional services
provided to a person experiencing an overdose by a health care
professional licensed, registered or certified under chapter thirty
or chapter sixteen of this code, acting within his or her lawful
scope of practice.

§16-46-3. Medical amnesty.

(a) A person who, in good faith and in a timely manner, seeks
medical assistance for someone or for himself or herself who
appears to be experiencing an overdose and complies with subsection
(b) of this section may not be cited, arrested, or prosecuted for
a violation of section nine, article six, chapter sixty of this
code.

(b) A person described in subsection (a), if physically
capable shall:

(1) Provide his or her own full name if requested by emergency
medical assistance personnel;

(2) Provide any other relevant information requested by the
emergency medical assistance personnel that is known to such
person;

(3) Remain with the individual who reasonably appears to be in
need of medical assistance due to an overdose until professional
emergency medical assistance is provided; and

(c) A person who acts pursuant to subsection (a) of this
section, and who otherwise qualifies for amnesty under subsection
(a) of this section, may not be subject to any sanction for a
violation of a condition of pretrial release, probation, furlough,
or parole.

(d) A person to whom amnesty is granted pursuant to subsection
(a) of this section is thereafter barred from asserting such
amnesty with regard to subsequent actual or apparent overdose
incidents.

(e) The act of seeking medical assistance for or by someone
who appears to be experiencing an overdose shall be considered a
mitigating circumstance at sentencing for any other offense.

(f) The amnesty provisions of this section apply only to the
use and derivative use of evidence gained as a proximate result of
the person's seeking medical assistance for an overdose, and do not
preclude prosecution of the person on the basis of evidence
obtained from an independent source.

(g) Except in cases of reckless or intentional misconduct, law
enforcement is immune from liability for citing or arresting a
person who is later determined to qualify for amnesty under this
section.

(h) No provision of this section shall operate to bar
prosecution or exclude evidence found in plain view by law
enforcement when such prosecution and evidence pertains to use or
possession of controlled substances, drug paraphernalia or related
items.”